Madhya Pradesh High Court
Neelu Pal vs The State Of Madhya Pradesh on 25 April, 2023
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 25th OF APRIL, 2023
MISC. CRIMINAL CASE No. 15986 of 2023
BETWEEN:-
NEELU PAL W/O LATE HITESH PAL, AGED
ABOUT 33 YEARS, OCCUPATION: HOUSE WORK
551 MR 06 MAHALAXMI NAGAR, P.S. LASUDIA
DISTRICT INDORE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SURAJ SHARMA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
LASUDIYA DISTRICT INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI GAURAV RAWAT FOR STATE AND SHRI YASHPAL SINGH
SISODIYA, ADVOCATE FOR OBJECTOR)
.................................................................................................................................
This application coming on for admission this day, the court
passed the following:
ORDER
They are heard. Perused the case-diary.
2] This is applicant's first application under Section 438 of Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 27-04-2023 19:22:37 2 Criminal Procedure Code, 1973 for grant of anticipatory bail, as she is apprehending her arrest in connection with Crime No.244/2023 registered at Police Station Lasudiya, District - Indore (MP) for offence punishable under Sections 306, 384 and 34 of IPC and Section 25 of Arms Act.
3] The allegation against the applicant is that she happens to be the wife of the deceased Hitesh Pal, who committed suicide by hanging on 12.02.2023, and before committing the suicide he has also left a suicide note naming the present applicant and her alleged paramour Krishna Rathore in which it is also stated that the applicant was giving him slow poison, and also that she was performing black magic against him. The deceased has also stated in his suicide note that the applicant also kept a revolver to frighten him, and also that the persons responsible for his death are his wife Neelu Pal, Krishna Rathore and one Rani Udasi.
4] Counsel for the applicant has submitted that the co-accused Rani Udasi has already been granted anticipatory bail by this Court in M.Cr.C. No.12485 of 2023 vide order dated 05.04.2023. Counsel has also submitted that even if the suicide note is left by the deceased naming the present applicant as the person responsible for his death, no case for abetment to commit suicide against the applicant is made out under the facts and circumstances of the case. Counsel has also submitted that there is nothing on record to suggest that the deceased was given slow poison or that she was performing black magic against the deceased.
Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 27-04-2023 19:22:37 35] Counsel appearing for the objector Shri Y. S. Sisodiya has opposed the prayer and it is submitted that the deceased had left the suicide note clearly narrating the actions of the applicant and the other co-accused persons, which led the deceased to commit suicide. Thus, no case for grant of anticipatory bail is made out. 6] Counsel appearing for the State has also opposed the prayer. 7] Having considered rival submissions, perusal of the case- diary, including the suicide note left by the deceased, this Court finds that although the deceased has named the present applicant, Krishna Rathore and Rani Udasi as the persons responsible for his death, however, at this juncture it is difficult to perceive that the facts narrated in the suicide note would amount to abetment of sicide. Deceased has also not stated that he was being threatened by the present applicant and other accused persons, but he has stated that he found a gun in his closet which must have been kept by the present applicant to frighten him. In such circumstances, without adverting to the merits of the case, this Court is inclined to allow the application as the custodial interrogation of the applicant does not appear necessary. Accordingly, the application stands allowed. 8] It is directed that in the event of arrest, applicant Neelu Pal shall be released on bail, upon her executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) and furnishing a solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).
9] The applicant shall make herself available for interrogation by Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 27-04-2023 19:22:37 4 the Police Officer, as and when required. Applicant shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973. 10] Accordingly, Miscellaneous Criminal Case No.15986/2023 stands allowed.
Certified copy as per rules.
(SUBODH ABHYANKAR) JUDGE Pankaj Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 27-04-2023 19:22:37